This case is an appeal pursuant to G. L. c. 40A § 17, of a decision (Decision) of the Zoning Board of Appeals of the Town of Lunenburg (Board) whose members are defendants. The Decision, filed with the Clerk of the Town on May 28, 2008, concerns property in the Town owned by Daniel W. Cronin and Jacquelyn M. Cronin (plaintiffs or Cronins). The Decision upheld the denial of the Cronins application for a residential building permit.
This case came to be heard by the court (Piper, J.) on cross-motions for summary judgment filed by the parties. In a decision of even date, the court has denied the plaintiffs motion for summary judgment, and has granted the defendants cross-motion for summary judgment.
In accordance with the courts decision, it is
ORDERED and ADJUDGED that the Decision of the Board is not arbitrary, capricious, in excess of the authority of the Board, contrary to law, or otherwise legally entitled to be annulled or modified by this court, and is upheld. It is further
ORDERED and ADJUDGED that no costs or fees are awarded to any party.
By the Court. (Piper, J).
DANIEL W. CRONIN and JACQUELYN M. CRONIN vs. DONALD BOWEN, RAYMOND BEAL, JAMES BESARKARSKI, HANS WENTHRUP, DAVID BLATT, SHEILA LUMI, and PAUL DOHERTY, As They are Members of the Zoning Board of Appeals for the Town of Lunenburg; and EDWARD M. CATALDO, As He is Alternate Building Inspector for the Town of Lunenburg.